Common use of Resident Discipline Clause in Contracts

Resident Discipline. During the term of this Agreement, the Resident’s appointment is expressly conditioned upon satisfactory performance of all Program elements by the Resident. If the actions, conduct, or performance, professional or otherwise, of the Resident are deemed by the Program Director to be inconsistent with the terms of this Agreement, TBHC’s or participating institutions’ standards of patient care and patient welfare, or the objectives of TBHC, or if such actions, conduct, or performance reflects adversely on the Program or TBHC or the participating institutions, or disrupts operations at the Program or TBHC or the participating institutions, disciplinary action may be taken by TBHC in accordance with Article 20 of the CBA. No dismissal, demotion, suspension, probation (other than clinical) or non-renewal shall be imposed against Resident except for cause and until there has been an opportunity for a hearing before the Interns and Residents Grievance Committee. Probation for clinical reasons shall only be imposed against Resident in accordance with Article 20 of the CBA. (See Attachment 2.) The Resident acknowledges that under no circumstances shall he/she be entitled to the due process and hearing and appellate rights granted to physician members of the medical staff as described in any of TBHC’s or participating institutions’ medical staff bylaws. Nothing herein or in the CBA shall restrict the authority of the Program Director, Chairman, the Institutional Director of Graduate Medical Education, the Chief Executive Officer, and Chief Medical Officer of TBHC and the participating institutions to summarily suspend, without prior notice or a hearing, all or any portion of the Resident’s appointment granted by TBHC, whenever it is in good faith determined that the continued appointment of the Resident places the safety or health of patients or personnel in jeopardy or to prevent imminent or further disruption of the Program. Following such summary suspension, the Resident shall have the right to an appeal in accordance with Article 20 of the CBA.